HB-4887, As Passed House, May 15, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4887

     A bill to prohibit employers from making certain recruiting or

hiring decisions based upon an individual's credit history; to

prohibit employers from making certain inquiries; to prohibit

certain waivers; to prohibit retaliation; and to provide remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the "job

applicant credit privacy act".

     Sec. 3. As used in this act:

     (a) "Credit history" means information that is generally used

in evaluating an individual's creditworthiness, credit standing, or

credit capacity, such as a debt payment record or a credit score

compiled by a consumer credit agency.

     (b) "Employer" means an individual or entity, or the agent of

an individual or entity, that permits 1 or more individuals to work

House Bill No. 4887 (H-1) as amended November 7, 2007

                           as amneded May 15, 2008

or accepts applications for employment.

     Sec. 5. (1) Except as provided in this section, an employer

shall not do either of the following:

     (a) Fail or refuse to hire or to recruit an individual for

employment because of the individual's credit history.

     (b) Inquire about a job applicant's or potential job

applicant's credit history.

     (2) The prohibition in subsection (1) does not apply to

prevent an inquiry or employment action if a good credit history is

an established bona fide occupational requirement of a particular

position or employment classification. Good credit history shall be

considered a bona fide job qualification for any employee of [any of the

following:

     (a) A state or nationally chartered bank, bank holding company, or

its affiliate or subsidiary.

     (b) A state or federally chartered savings and loan, savings bank, or credit union or credit union affiliate or subsidiary.

     (c) An individual or firm licensed or registered under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 399.736.

     (d) A casino.]

     Sec. 7. A person shall not retaliate or discriminate against

an individual because the individual has done or was about to do

any of the following:

     (a) File a complaint under this act.

     (b) Testify, assist, or participate in an investigation,

proceeding, or action concerning a violation of this act.

     (c) Oppose a violation of this act.

     Sec. 9. An employer shall not require an individual to waive

or limit any protection granted under this act as a condition of

applying for or receiving an offer of employment. An agreement to

waive any right or protection under this act is contrary to public

policy and is void and unenforceable.

     Sec. 11. (1) An individual who is injured by a violation of

this act may bring a civil suit to obtain damages or injunctive

relief, or both.

     (2) The court shall award costs and reasonable attorney fees

to an individual who prevails as a plaintiff in a suit authorized

under this section.